DIXON v. STATE OF FLORIDA

Filing 26

ORDER. The Report and Recommendation (ECF No. 21 ) is adopted and incorporated by reference in this order. The Clerk shall enter judgment stating, "The amended petition for writ of habeas corpus (ECF No. 5 ) is DISM ISSED for lack of jurisdiction as moot and Respondent's motion to dismiss (ECF No. 18 ) is DENIED as moot. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED." The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 05/09/24. (jfj)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
OVERTON DIXON,
Petitioner,
v.

Case No. 3:23cv24624-LC/MAF

STATE OF FLORIDA,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated April 5, 2024 (ECF No. 21), that the
amended petition for writ of habeas corpus (ECF No. 5), filed pursuant to
28 U.S.C. § 2241, be dismissed for lack of jurisdiction as moot, and
Respondent’s motion to dismiss (ECF No. 18) be denied as moot. The
parties have been furnished a copy of the Report and Recommendation
and have been afforded an opportunity to file objections pursuant 28
U.S.C. § 636(b)(1). I have made a de novo determination of the objections
filed.
Having considered the Report and Recommendation, and the timely
objections thereto, I have determined the Report and Recommendation
should be adopted.

Page 2 of 2

Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation (ECF No. 21) is adopted and
incorporated by reference in this order.
2. The Clerk shall enter judgment stating, “The amended petition for
writ of habeas corpus (ECF No. 5) is DISMISSED for lack of jurisdiction
as moot and Respondent’s motion to dismiss (ECF No. 18) is DENIED as
moot. Any certificate of appealability is DENIED and leave to appeal in
forma pauperis is also DENIED.”
3. The Clerk shall close the file.
DONE AND ORDERED on this 9th day of May, 2024.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:23cv24624-LC/MAF